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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.A.Nakkiran, J
T.R. Balu – Appellant
Versus
R. Kannan, Editor - Junior Vikatan, Vasan Publications Private Limited – Respondent
| Table of Content |
|---|
| 1. plaintiff's claims of defamation (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 2. defendants' failure to verify (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. court's ruling on defamation (Para 19 , 20 , 21) |
JUDGMENT :
(A.A. NAKKIRAN, J.)
This Civil Suit has been filed for the relief as stated in the prayer.
2.The case of the Plaintiff, as set out, in the plaint is as follows:-
(i) The plaintiff is a long lasting member of a reputed political party in Tamil Nadu viz., Dravida Munnetra Kazhagam since 1957. In view of his sincere and hard work, he was elected as the Secretary of the then United Chennai District DMK and continued in the said post from 1982 to 1993. In the mean time, he was elected as the Member of Rajya Sabha in the year 1986 and served as the Member of the Parliament during the period from 1986 to 1992. Thereafter, he was elected as the Member of the Lok Sabha from the South Madras Parliamentary Constituency in 1996 and was sworn as the Union Minister of State for Petroleum and Natural Gas during the period from 1996 to 1998. In the year 1998, he was once again elected as Member of Parliament for the second time to the XII Lok Sabha from the South Madras Parliam
Defamatory publications must be verified for truth; failure to do so can result in liability for damages.
The right to free expression by the press is not absolute and must be balanced against an individual's right to privacy and reputation; defamatory statements must be substantiated.
A plaintiff must substantiate claims of defamation with specific allegations and evidence of reputational harm, which cannot be based merely on general assertions or unverified statements.
The publication of defamatory statements without substantiation violates the rights of the affected person, and intention or knowledge regarding reputational harm suffices for establishing defamation....
The court held that a news report published in good faith, including the complainant's version, does not constitute defamation under IPC Sections 499-501.
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